New Hampshire Revised Statutes 141-G:11 – Testing Order
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I. On an application made under N.H. Rev. Stat. § 141-G:10, I, the court may issue an order requiring testing if the court, having considered the medical evaluation and any other evidence the court considers relevant, is satisfied of the following:
(a) The applicant has complied with N.H. Rev. Stat. § 141-G:9 and N.H. Rev. Stat. § 141-G:10;
(b) The applicant has had an unprotected exposure to blood or bodily fluids from the source individual in one of the circumstances set out in N.H. Rev. Stat. § 141-G:10, I;
(c) There are reasonable grounds to believe that the applicant may have been exposed, as a result of the exposure, to a bloodborne pathogen that causes a communicable disease;
(d) An analysis of the applicant’s blood and bodily fluids would not determine, in a timely manner, whether the applicant has been infected by a bloodborne pathogen;
(e) Taking a blood sample from the source individual would not endanger the source individual’s life or health;
(f) The information to be obtained under the testing order cannot reasonably be obtained in any other manner; and
(g) The testing order is necessary to decrease or eliminate the risk to the health of the applicant as a result of the exposure.
II. A testing order:
(a) Shall require the source individual, within the time specified in the order, to attend the health facility identified in the order so that a blood sample may be taken from the source individual for the purpose of determining whether the source individual is infected with a bloodborne pathogen that causes a communicable disease listed in rules adopted under N.H. Rev. Stat. § 141-G:19.
(b) Shall require the health facility identified in the order to ensure that a blood sample from the source individual is taken.
(c) Shall require the applicant to have the testing order served and any other information required by rules, within the time specified in the order, on the source individual and the health facility identified in the order.
(d) Shall not require testing for any substance in the blood other than bloodborne pathogens.
III. If the source individual named in a testing order is a minor or an incapacitated adult, the testing order shall require the guardian of the minor or the person responsible for the incapacitated adult under rules adopted by the commissioner under N.H. Rev. Stat. § 141-G:19 to take all reasonable steps to ensure that the source individual complies with the testing order.
IV. The blood sample taken in compliance with an order issued under this section shall not be tested at any time for any civil or criminal matter or for any purpose not authorized in this subdivision.
V. A decision of the court under paragraph I may be appealed to the superior court.
(a) The applicant has complied with N.H. Rev. Stat. § 141-G:9 and N.H. Rev. Stat. § 141-G:10;
Terms Used In New Hampshire Revised Statutes 141-G:11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) The applicant has had an unprotected exposure to blood or bodily fluids from the source individual in one of the circumstances set out in N.H. Rev. Stat. § 141-G:10, I;
(c) There are reasonable grounds to believe that the applicant may have been exposed, as a result of the exposure, to a bloodborne pathogen that causes a communicable disease;
(d) An analysis of the applicant’s blood and bodily fluids would not determine, in a timely manner, whether the applicant has been infected by a bloodborne pathogen;
(e) Taking a blood sample from the source individual would not endanger the source individual’s life or health;
(f) The information to be obtained under the testing order cannot reasonably be obtained in any other manner; and
(g) The testing order is necessary to decrease or eliminate the risk to the health of the applicant as a result of the exposure.
II. A testing order:
(a) Shall require the source individual, within the time specified in the order, to attend the health facility identified in the order so that a blood sample may be taken from the source individual for the purpose of determining whether the source individual is infected with a bloodborne pathogen that causes a communicable disease listed in rules adopted under N.H. Rev. Stat. § 141-G:19.
(b) Shall require the health facility identified in the order to ensure that a blood sample from the source individual is taken.
(c) Shall require the applicant to have the testing order served and any other information required by rules, within the time specified in the order, on the source individual and the health facility identified in the order.
(d) Shall not require testing for any substance in the blood other than bloodborne pathogens.
III. If the source individual named in a testing order is a minor or an incapacitated adult, the testing order shall require the guardian of the minor or the person responsible for the incapacitated adult under rules adopted by the commissioner under N.H. Rev. Stat. § 141-G:19 to take all reasonable steps to ensure that the source individual complies with the testing order.
IV. The blood sample taken in compliance with an order issued under this section shall not be tested at any time for any civil or criminal matter or for any purpose not authorized in this subdivision.
V. A decision of the court under paragraph I may be appealed to the superior court.